Kleinreparaturklausel: when you really have to pay
How to tell whether the Kleinreparaturklausel (small-repairs clause) in your lease is valid, and what to do when something breaks.
A Kleinreparaturklausel is only valid if it covers only items you use often, sets a limit per repair and per year, and does not make you hire a tradesperson. Report every defect in writing and do not hire a tradesperson yourself.
When is the clause valid?
The clause must meet every one of these conditions. If one is missing, the landlord pays for all repairs.
- 1
Only items you use often
The clause can only cover parts of the flat that you use often.
- 2
A limit per repair
The clause must cap what you pay for one repair. About €100 per repair is usual.
- 3
A limit per year
The clause must also cap what you pay in a year. The usual cap is 6 % of the gross annual rent or 8 % of the annual rent without service charges (Jahresnettokaltmiete).
- 4
No duty to hire a tradesperson
The clause cannot make you repair things yourself or hire a tradesperson.
- 5
Pipes and heating are never covered
Pipes and the heating never fall under the clause, however cheap the repair is.
- 6
If a repair costs more than the limit
If a repair costs more than the per-repair limit, the landlord pays the whole bill.
Why this matters
Under § 535 Abs. 1 S. 2 BGB, the landlord must keep the flat fit for use for the whole tenancy. So repair costs are the landlord's to pay. A Kleinreparaturklausel moves only a small, capped part of those costs to you, and only if it is worded correctly.
General information, not legal advice.
Frequently asked questions
Do I have to pay if the repair costs more than the per-repair limit?
No, if a repair costs more than the per-repair limit, the landlord pays the whole bill. You do not pay the first €100 either. You pay nothing.
When is a Kleinreparaturklausel void?
A Kleinreparaturklausel is void when it has no yearly limit, the amounts are too high, it makes you repair things or hire someone yourself, or it covers pipes and the heating (§ 307 BGB). The landlord then pays all repair costs.
Do I have to hire a tradesperson myself?
No, you do not have to hire a tradesperson yourself. A clause that makes you repair things yourself or hire a tradesperson is void. Report the defect to the landlord in writing.
Also in this topic: Maklerprovision as a tenant: when you have to payCheck your Mietvertrag before signingRenting in Germany as a foreignerEinbauküche from the previous tenant: Ablöse and move-outAll guides: Lease
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